O-81-687 - 9/10/1981TEXAS
AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 2 AND 3,
CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS;
PROVIDING FOR A GENERAL PLAN TO ESTABLISH POLICIES
FOR ANNEXATION, URBAN SERVICES, THOROUGHFARES, LAND
USE AND DEVELOPMENT AND PARKS AND RECREATION; ESTAB-
LISHING COMPREHENSIVE ZONING REGULATIONS; DEFINING
CERTAIN TERMS; ESTABLISHING ZONING DISTRICTS AND
BOUNDARIES; ADOPTING AN OFFICIAL ZONING MAP;
REGULATING THE ZONING OF ANNEXED AREAS; PROVIDING
FOR SITE PLAN APPROVAL FOR CERTAIN SITUATIONS; PRO-
VIDING FOR PARKING REQUIREMENTS; REGULATING SIGNS;
REGULATING NON- CONFORMING BUILDINGS AND USES; PRO-
VIDING FOR A DEVELOPMENT REVIEW BOARD; PROVIDING
FOR MEMBERSHIP AND TERMS OF THE DEVELOPMENT REVIEW
BOARD; PROVIDING RULES OF PROCEDURE AND POWERS OF
THE DEVELOPMENT REVIEW BOARD; PROVIDING FOR PENAL-
TIES; PROVIDING FOR PROCEDURES FOR CHANGES AND
AMENDMENTS TO THIS ORDINANCE; AMENDING CERTAIN
SPECIFIC ZONING CHANGE ORDINANCES; AND PROVIDING A
SAVINGS CLAUSE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
I.
That Chapter 11, Section 2, Code of Ordinances, City of
Round Rock is hereby amended to read as follows:
SECTION 2: GENERAL PLAN
A. PURPOSE OF GENERAL PLAN
ORDINANCE NO. 42,1
This General Plan is adopted as a present statement of
policy by the City of Round Rock and as a guide for
future land use and fiscal decisions within the City.
The policies contained herein are intended as a guide
for and to be implemented by the Capital Improvement
Program expenditures and the land development processes
of the City, and by other programs including cooperative
efforts with other governmental entities and the private
sector. The specific current plan implementation methods
are described in the Round Rock Development Guide. Annu-
ally in conjunction with the review of the Capital
Improvement Program, the Planning and Zoning Commission
shall review the General Plan, and the Commission shall
submit an annual report together with recommended
changes, if any, to the City Council. This General Plan
shall also be known as the Comprehensive Plan for the
City of Round Rock.
B. POLICIES
(1) General
(a) The City shall endeavor to the fullest extent
practicable to maintain the current high levels of
air and water quality, and otherwise to preserve
the natural and man -made resources of the communi-
ty
(b) The City shall continue to support the development
of a wide variety of commercial, industrial, and
residential land uses with an equally strong com-
mitment to each category.
(c) The City shall encourage
based on the advancement
tectural theme.
(d) The City shall continue to
wide variety of housing
through the support of
development.
(2) Annexation
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development which is
of a regional archi-
strive to provide for a
types and life styles
residential land use
(e) The City shall continue to be committed to the pre-
servation and enhancement of residential neighbor-
hoods regardless of housing type.
(a) Annually in conjunction with the review of the
Capital Improvement Program, the City shall also
review a proposal for territory to be annexed, if
any, and for territory to be studied for possible
future annexation.
(b) The City shall to the fullest extent practicable
consider annexation and original zoning of new
territory in a coordinated manner, and the City
shall adopt original zoning for new territory as
soon after annexation as practicable.
(c) Where the City has annexed territory without con-
sent of landowners or residents, the City shall to
the fullest extent practicable schedule the provi-
sion of proper urban services to the annexed terri-
tory in the next Capital Improvement Program.
(d) Where the City intends to provide municipal ser-
vices to territory adjacent to the corporate
limits, the City shall first insure that such
territory is scheduled to be annexed.
(e) The City shall endeavor to the fullest extent
practicable to establish the boundaries of its
extraterritorial jurisdiction along property lines
or recognized service area dividing lines.
(3) Urban Services
(a) The City shall regard necessary improvements in
the urban services system to existing residential
neighborhoods, businesses, and industries as a pri-
ority of the very highest magnitude.
(b) Annually in conjunction with the review of the
Capital Improvement Program, the City shall insure
that improvements in the urban services system are
scheduled for the coming five (5) year period and
will be sufficient to properly secure the anti-
cipated service demand, and that to the fullest
extent practicable such improvements shall be
scheduled to be made in such a timely manner as to
preclude deterioration of service quality anywhere
in the City.
(c) The City shall extend urban services to new
development in such a manner as to attain for the
respective new development and to preserve for
developments already served, the prevailing high
level of service quality.
(d) The City shall to the fullest extent practicable
endeavor to insure a source of water supply suffi-
cient to serve existing and anticipated water
needs.
(e) The City shall to the fullest extent practicable
endeavor to insure the proper provision of waste-
water treatment facilities sufficient to serve
existing and anticipated wastewater treatment
needs.
(f) The City shall to the fullest extent practicable
endeavor to insure the proper provision of solid
waste disposal service sufficient to serve
existing and anticipated solid waste disposal
needs.
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(4) Thoroughfares
(a) The City shall insure to the fullest extent prac-
ticable that new development occurs in such a
manner as to preserve the primary function served
by major thoroughfares and collector streets in
relation to traffic circulation.
(b) The City shall endeavor through the Capital
Improvement Program and land development processes
to acquire additional street and road right -of -way
sufficient to serve the expressly identified traf-
fic circulation requirements.
(c) The City shall endeavor to make or cause to be
made improvements in the Interstate Highway System
in the vicinity of Round Rock. These improvements
shall include but shall not be limited to the
widening of overpasses and the construction of
frontage roads.
(d) The City shall consider the following roads and
highways as major thoroughfares, and the City
shall endeavor through the Capital Improvement Pro-
gram and land development processes to upgrade
these major thoroughfares as needed and in a time-
ly manner:
IH 35 facility.
U.S. Highway Business No. 81.
U.S. Highway No. 79.
Sunrise Road - Greenlawn Boulevard.
FM 1460.
RM 620.
FM 1325 - County Road 170.
Gattis School Road.
McNeil Road.
Chandler Road - Proposed RM 1431.
Westinghouse Road (east of the IH 35 facility).
Proposed FM 3406.
(e) The City shall establish through the Capital
Improvement Program and land development processes
new streets and roads for the following purposes:
Linking Sunrise Road with Greenlawn Boulevard by
extending Greenlawn Boulevard west and north as a
major thoroughfare.
Linking Greenlawn Boulevard with County Road 170
by extending Greenlawn Boulevard south as a major
thoroughfare.
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Linking County Road 170 with U.S. Highway No. 79
by rerouting County Road 170 north as a major
thoroughfare which generally follows the abandoned
Missouri - Kansas -Texas Railroad right -of -way.
Linking proposed FM 3406 with FM 1325 by extending
FM 3406 south as a major thoroughfare.
Linking Logan Drive with the proposed extension of
County Road 170 by extending Logan Drive as a
collector street east from Greenlawn Boulevard.
Linking Bellview Avenue with FM 1460 by extending
Bellview Avenue east and north as a collector
street.
Linking Deepwood Drive with RM 620 by extending
Deepwood Drive to the north as a collector street.
Linking Bowman Drive with FM 1460 by extending
Bowman Drive east from Sunrise Road as a collector
street.
Linking Sam Bass Road with U.S. Highway No. 79 by
realigning Sam Bass Road such that an extension of
Sam Bass Road as a collector street meets with
U.S. Highway No. 79.
Linking the platted Chaparral Drive with the pro-
posed FM 3406 by extending Chapparal Drive as a
collector street north to FM 3406.
Connecting proposed FM 3406 with proposed RM 1431
by an extension of Chaparral Drive to be developed
to major thoroughfare standards.
Connecting RM 620 with Sam Bass Road by either
establishing an altogether new collector street or
by extending an existing collector street
(unsited).
Connecting County Road 172 with South Mays Street
by establishing Hesters Crossing Road as a new
collector street.
Connecting County Road 172 with the IH 35 facility
by extending Chisholm Valley Drive as a collector
street.
Connecting Chisholm Valley Drive with FM 1325 by
extending Frontier Trail as a collector street.
Connecting Gattis School Road with County Road 170
by extending Oxford Boulevard as a collector
street.
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Connecting the IH 35 Facility with FM 1460 by
extending the proposed FM 3406 east as a major
thoroughfare.
Reconstructing Chisholm Trail Road north from Sam
Bass Road as a collector street.
Reconstructing County Road 172 as a collector
street.
(f) The City shall encourage and support efforts to
establish a public transportation system.
(g) The City shall encourage and support efforts to
establish pedestrian routes and other nonmotorized
transportation systems.
(5) Land Use and Development
(a) The City shall require that the particular cate-
gories of new land use shall be located in areas
as described hereafter:
(i) High intensity land uses shall generally locate
along either existing major thoroughfares or
established industrial collector streets, but in
no case shall new high intensity land uses lo-
cate in an area which is completely surrounded
by existing or proposed low intensity land uses.
(ii) Medium intensity land uses shall locate for the
most part along major thoroughfares, and may
from time to time also locate along principal
collector streets, but in no case shall medium
intensity land uses locate where the only
frontage is on a residential street.
(iii) The City shall insure that low- medium intensity
land uses shall locate along the periphery of
low intensity land use areas and generally along
either a collector street or a major thorough-
fare. To the fullest extent practicable the low -
medium intensity land use category shall serve
as a physical separation between medium and low
intensity land uses.
(iv) The City shall insure, except where otherwise
provided for by Site Plan Review, that an area
which has either developed as or has been
platted exclusively for single - family dwellings
shall contain only single - family dwellings and
expressly authorized accessory uses and build-
ings.
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(b) The City shall endeavor as soon as practicable to
settle the future land use pattern for those areas
which are located along major thoroughfares and
are in the process of conversion from low inten-
sity to medium or high intensity land use.
(c) The City shall to the fullest extent practicable
endeavor to protect the regional sewage treatment
plant site from encroachment by incompatible lower
intensity land uses.
(6) Parks and Recreation
(a) The City shall insure that an adequate amount of
open space and park land is made available for
public use.
(b) Annually, in conjunction with review of the Capi-
tal Improvement Program, the City shall review and
assign priorities for the development of existing
park land, acquisition of new park land, and
development of new park land.
(c)
The City shall endeavor to provide an optimum mix
of recreational facilities consistent with State
guidelines.
(d) The City shall locate and develop park land in
recognition of specific site characteristics, both
beneficial and adverse.
(e) The City, in cooperation with the Round Rock Inde-
pendent School District, shall encourage the fol-
lowing:
(i) Location of neighborhood parks to share a common
boundary with elementary schools.
(ii) Coordination of facilities and activities in
such a manner as to minimize duplication, there-
by increasing the diversity of facilities and
activities offered.
(f) The City, in cooperation with other political sub-
divisions of the State, shall encourage the estab-
lishment of a regional park system.
II.
That Chapter II, Section 3, Code of Ordinances, City of
Round Rock is hereby amended to read as follows:
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SECTION 3: COMPREHENSIVE ZONING REGULATIONS
A. TITLE
This Section shall be known and may be cited as "The City
of Round Rock Zoning Ordinance."
B. PURPOSE
This section is enacted for the purpose of promoting
health, safety, morals, and the general welfare of the
community and for the protection and preservation of
places and areas of historical and cultural importance and
significance, and in accordance with the comprehensive
plan set out in Section 2 of this Chapter, to lessen
congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health and the gener-
al welfare; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of
population; and to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other
public requirements.
C. DEFINITIONS
For the purpose of this Section, certain terms and words
are hereby defined; terms not defined herein shall be
construed in accordance with adopted Building Codes or
their customary usage and meaning.
Where necessary for a reasonable construction of this
Section, words used in the present tense shall include the
future; the singular number shall include the plural and
the plural the singular. The word "building" shall include
the word "structure "; the word "shall" is mandatory and
not directive; the word "lot" includes the word "plot ".
(1) Accessory Use or Structure: A use or structure on the
same lot with and of a nature customarily incidental
and subordinate to the principal use or structure.
(2) Apartment House and Apartments: Any building, or por-
tion thereof, which is designed or occupied as the
home or residence of more then two (2) families living
independently of each other and doing their own cook-
ing in the said building, and shall include flats and
other multi - family dwellings.
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(3) Billboard: A sign advertising products not made, sold,
used, or served on the premises displaying such sign,
or a sign having a height greater than twelve (12)
feet or a width greater than eighteen (18) feet,
including supports.
(4) Board: The Development Review Board.
(5) Boarding House: A building other than a hotel, where
lodging or meals for five (5) or more persons are
served for compensation.
(6) Building: Any structure built for the support, shelter
or enclosure of persons, animals, chattels, or proper-
ty of any kind.
(7) Building Area: The total area enclosed by a line
formed by the outside surface of all walls at the
foundation line.
(8) Building Lot: A tract of land which, at the time of
filing for a Building Permit, is intended by its owner
or developer to be used, developed, or built upon as a
unit, under single ownership or control. It shall
front upon a dedicated street.
(9) Building Line: A line behind which all buildings must
be built, such line generally being parallel to the
front lot line.
(10) City: The City of Round Rock, Texas.
(11) City Council: The City Council of the City of Round
Rock, Texas.
(12) Cluster Housing: Any dwelling units arranged according
to an approved site plan in a configuration which may
depart from the conventional zoning district lot or
yard requirements. A cluster housing development shall
be considered a single use occupying a single lot for
zoning purposes.
(13) Commercial Recreation: Any buildings designed for, or
occupied by, bowling alleys, health clubs, swimming
pools, indoor golf, ice skating, billiards, indoor and
outdoor theaters, and other similar recreational ac-
tivities operated as a commercial enterprise.
(14) Community Recreational Facilities: Any parks, play-
grounds and community buildings owned and /or operated
by the City or other governmental agency, country
clubs or golf courses, but not including miniature
golf courses, driving ranges or similar forms of com-
mercial amusement.
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(15) County: Williamson County, Texas, or where applicable,
Travis County, Texas.
(16) Customary Home Occupation: A use conducted entirely
within an enclosed dwelling, employing only the in-
habitants thereof, which is clearly incidental and
secondary to residential occupancy and does not change
the character thereof.
(17) Day Nursery: An agency, organization or individual pro-
viding daytime care for more than six (6) children not
related by blood or marriage to, or not the legal
wards or foster children of the attendant adult.
(18) Dwelling: A building or portion thereof, designed and
used exclusively for residential occupancy, including
single - family, two - family, and multi- family dwellings,
but not including hotels, motels, lodging houses,
mobile homes, campers or camp trailers, nor any ve-
hicle or portable structure having no permanent founda-
tion other than wheels, jacks, or skirtings.
(19) Dwelling Unit: A single unit providing complete, inde-
pendent living facilities for one or more persons
including permanent provisions for living, sleeping,
eating, cooking and sanitation.
(20) District: A zoning district which is a part of the
City of Round Rock, Texas, wherein the regulations of
this Section are uniform.
(21) Eating and Drinking Places: A retail establishment pri-
marily engaged in the sale of prepared food and drinks
for consumption on the premises.
(22) Enclosed Building: A building surrounded by four (4)
or more walls and a roof.
(23) Enclosed Storage: An area surrounded by a solid fence
or wall to a height of eight (8) or more feet which
effectively screens the contents from view and pro-
tects from the spread of fire and vandalism.
(24) Farm: An area of two (2) or more contiguous acres,
used for the growing of the usual farm products such
as vegetables, fruits, trees and grain and their stor-
age, as well as the raising thereon of the usual farm
animals such as horses, cattle, sheep, chickens and
swine on a limited basis, and including dairy farms
with the necessary accessory uses for treating and
storing the produce, provided, however, that the opera-
tion of such accessory use shall be secondary to that
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of the normal activities, and provided further that it
does not include the commercial raising or pen feeding
of animals, or the commercial feeding of offal or
garbage to swine or other animals and not including
any type of agriculture or husbandry specifically pro-
hibited by ordinance or law.
(25) Ground Coverage Ratio: The percentage of lot area
allowed to be included within the outside lines of the
exterior walls of all buildings located on a lot.
(26) Height: The vertical distance from the highest point
on a structure to the average ground level of the
grade where the walls or other structural elements
intersect the ground.
(27) Industry, Heavy: An establishment engaged in the manu-
facture, processing, assembly, packaging, compounding
and /or treatment of raw materials.
(28) Industry, Light: An establishment engaged in the manu-
facture, processing, assembly, packaging, compounding
and /or treatment of finished or semi - finished products
from previously prepared material, but not including
those establishments wherein the manufacture or pro-
cessing is incidental and essential to an enterprise
in which all merchandise is sold at retail on the
premises.
(29) Loading Space: An off- street space for the parking of
a vehicle while loading or unloading merchandise or
materials.
(30) Lot: A lot is a tract or parcel of land which is
occupied by one (1) building or use and the accessory
buildings or uses customarily incident to it, and
having frontage on a dedicated street.
(31) Lot, Corner: A lot situated at the intersection of two
(2) streets.
(32) Lot, Interior: A lot other than a corner lot.
(33) Lot, Through: A lot other than a corner lot, with
frontage on two (2) streets. On a "through lot" both
street lines shall be deemed front lot lines.
(34) Lot Line, Front: The boundary of a building lot which
is also the line of an existing or dedicated street.
Upon corner lots, either street line may be selected
as the front lot line provided a front and rear yard
are established adjacent and opposite, respectively to
the front lot line.
(35) Lot Line, Rear: The line most nearly opposite the
front lot line.
(36) Lot Line, Side: A lot line other than a front or rear
lot line.
(37) Lot of Record: An area of land designated as a lot on
a subdivision plat duly recorded with the County
Clerk; or an area of land held in single ownership
described by metes and bounds upon a deed recorded or
registered with said County Clerk.
(38) Mobile Home: Any vehicle or similar portable structure
mounted or designed for mounting on wheels, used or
intended for use for dwelling purposes, including
structural additions, except parked and unoccupied
camping type trailers. Any such vehicle or structure
shall be deemed to be a mobile home whether or not the
wheels have been removed therefrom and whether or not
resting upon a temporary or permanent foundation.
(39) Motel: A building or group of buildings which contains
living or sleeping accomodations used primarily for
transient occupancy, and has individual entrances from
outside the building to serve each such living or
sleeping unit.
(40) Non - Conforming Building: Any building, or part there-
of, lawfully existing or occupied at the effective
date of this Section which does not comply, after the
passage of this Section, with the height, yard, park-
ing, loading, coverage area, or screening regulations
of the district in which it is located.
(41) Non - Conforming Lot: Any lot lawfully existing at the
effective date of this Section that does not conform,
after the passage of this Section, to the width, depth
and area regulations of the zoning district in which
it is located.
(42) Non - Conforming Use: Any uses lawfully existing at the
effective date of this Section, which does not con-
form, after the passage of this Section with the use
regulations of the district in which it is located.
(43) Parking Space: A paved area of at least two hundred
(200) square feet, enclosed or unenclosed, sufficient
in size to store one (1) automobile, having a paved
driveway connecting the parking space with a street or
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alley and permitting ingress or egress of an automo-
bile. A "parking space" shall not occupy any public
land. In a cluster housing development a parking space
may immediately abut a private drive which serves as a
primary means of access.
(44) Paved Areas: An area surfaced with asphalt, concrete
or similar all- weather surface, not including gravel.
(45) Person: An individual, firm, partnership, or corpora-
tion, its or their successors or assigns, or the agent
of any of the aforesaid.
(46) Place of Worship: Any building or structure which is
principally used for worship or other similar reli-
gious activity, including but not limited to churches,
temples, synagogues and tabernacles.
(47) Planning and Zoning Commission: The Planning and
Zoning Commission of the City of Round Rock, Texas.
(48) Planting Screen: A vegetative row of upright growing
evergreen plants at least thirty (30) inches high and
no more than forty -eight (48) inches apart (center to
center) when planted and designed specifically to pro-
vide maximum opacity from the ground to a height of
six (6) feet in four (4) years.
(49) Private Recreational Amenities: Any recreational,
social and multi - purpose uses within a subdivision or
other residential development which are operated and
maintained by a property owner association or other
designated management agency for the benefit and enjoy-
ment of members and their guests. Typical uses include
clubhouses, tennis courts, play grounds and swimming
pools.
(50) Public Use: Any use controlled by the City, County,
State, Federal or any other governmental entity.
(51) Residential Use: Any use consisting principally of
dwelling units.
(52) School: Any public elementary and secondary school
and /or private school with an equivalent curriculum.
(53) Setback: The required horizontal distance between a
structure and a lot line.
(54) Sign: Any device or surface on which letters, illustra-
tions, designs, figures, or symbols are painted,
printed, stamped, raised, projected or in any manner
outlined or attached and used for advertising purposes.
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(55) Street: Any public thoroughfare or space more than
twenty (20) feet in width which has been dedicated for
use as a roadway.
(56) Structure: Anything constructed the use of which re-
quires permanent location on the ground, or attachment
to something having a permanent location on the ground.
(57) Temporary Building: An enclosed building, the use of
which is incidental to construction work on the
premises, which enclosed building shall be removed
upon the completion or abandonment of construction
work.
(58) Yard: The area between any lot line and the setback
required therefrom which area shall be an open space
which is unobstructed by any portion of a structure
from the ground upward, except as otherwise provided.
(59) Zoning Administrator: A member of the City staff
appointed by the City Manager who has the duty of
administering this Chapter. The Zoning Administrator
shall have department head status.
D. GENERAL COMPLIANCE
(1) Conformity to Zoning District Required
No building shall be erected and no existing buildings
shall be moved, structurally altered, added to or
enlarged, nor shall any land, building or premises be
used, or designated for use for any purpose or in any
manner other than provided for hereinafter in the
district in which the building, land or premises is
located; provided, however, that necessary structural
repairs may be made where health and safety are endan-
gered.
(2) Signs and Billboards
(a) With the exception of those signs which are attached
flatwise to a building located in either District
C -1 or District C -2, no sign or billboard shall be
erected, moved, altered, added to, enlarged,
painted, or modified unless it shall conform to the
provisions herein.
(b) Except as otherwise expressly authorized in this
Chapter, all off - premises signs and billboards are
prohibited.
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(3) Accessory Buildings and Uses
(a) Customary accessory uses and buildings are author-
ized where a lot is utilized for a permitted prin-
cipal use except where prohibited specifically or by
necessary implication.
(b) Customary home occupations, together with such other
activities commonly conducted in living quarters
shall be authorized as an accessory use where the
principal use is residential.
(c) Temporary buildings are authorized as an accessory
use where the permitted principal use is under con-
struction.
(d) Real estate offices are authorized accessory uses
where a residential area is under development, pro-
vided that the said office is directly and exclusive-
ly related to initial sales of dwelling units within
the respective residential subdivision or cluster
housing development or an immediately adjacent sub-
division. Under those conditions the Zoning Admin-
istrator shall ensure that each such accessory use
real estate office is issued a provisional certifi-
cate of occupancy only. The said provisional certifi-
cate of occupancy shall expire in one year unless it
is renewed by the respective real estate agency upon
which the burden shall lie to demonstrate that the
conditions of approval still exist.
(e) Day nurseries are authorized accessory uses where
the principal use is a church or other place of
worship.
(4) Conformity to Land Use Regulations
No building shall be erected, nor shall any existing
building be structurally altered, enlarged or rebuilt,
nor shall any open space surrounding any building be
encroached upon or reduced in any manner, unless the
same shall conform to the setback, building site area,
building location and land use regulations hereinafter
designated for the district in which such building or
open space is located.
(5) Conformity to Height Limits
(a) No building shall be erected, converted, en-
larged, reconstructed or structurally altered to
exceed the height limit herein established for
the district in which such building is located
except as set forth below:
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(b) The height limits prescribed herein shall not
apply to television and radio towers, church
spires, belfries, monuments, tanks, water and
fire towers, stage towers, scenery lofts, cooling
towers, ornamental towers and spires, chimneys,
elevator bulkheads, smokestacks, necessary public
or private utilities, conveyors, flag poles and
necessary mechanical appurtenances.
(c) Public or semipublic service buildings, hos-
pitals, institutions or schools, where permitted,
may be erected to a height not exceeding sixty
(60) feet and churches and other places of wor-
ship may be erected to a height not exceeding
seventy -five (75) feet when each of the required
yards is increased by one (1) foot for each two
(2) feet of additional building height above the
height limits for the district in which the build-
ing is located.
(6) Conformity to Parking and Loading Regulations
No building shall be erected, converted, enlarged,
reconstructed or structurally altered unless it shall
conform to the area and off - street parking and load-
ing regulations of the district in which such build-
ing is located.
(7) Conformity to Yard and Setback Requirements
(a) No yard or other open space provided around any
building for the purpose of complying with provi-
sions of this Section shall be considered as
providing a yard or open space for a building on
any other lot.
(b) Where fifty -one (51 %) percent or more of the
frontage within a block is occupied or partially
occupied by a building or buildings with front
yards of less depth than required by this Sec-
tion, the remainder of that block may be devel-
oped by observing the established front yard
line, if approval thereof is granted by the Devel-
opment Review Board.
(c) On a corner lot in any residential district,
nothing shall be erected, placed, planted, or
allowed to grow in such a manner as materially to
impede vision between a height of three feet and
ten (10) feet above the centerline grades of the
intersection streets in the area bounded by the
street lines of such corner lots and a line
joining points along said street lines thirty -
five (35) feet from the point of the intersection.
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(d) Open or unenclosed terraces, porches, or roof
eaves or extensions may project into the required
front yard for a distance not to exceed four (4)
feet; provided, however, no supporting structure
for such projections may be located within the
required front yard. An unenclosed canopy for a
gasoline filling station may extend into the re-
quired front yard, provided such extension shall
not be closer than ten (10) feet to a lot line.
(e) A roof overhang, open fire escape, or outside
stairway may project not more than three (3) feet
into a required side yard.
(8) Waiver of Setback Requirements
(a) Any of the setback requirements prescribed in
this Chapter may be waived or modified through
the issuance of a Special Permit by the Develop-
ment Review Board.
(b) The Development Review Board shall have the dis-
cretionary authority to grant such a Special Per-
mit for the following reasons only:
(i) That strict adherence to the requirements
would result in the destruction of a tree or
trees having a diameter of at least two (2)
inches measured at least eighteen (18) inches
from ground level, or
(ii) That a human error has resulted in a struc-
ture being constructed in violation of the
regulations, provided however that the person
requesting the Special Permit shall give evi-
dence that all the owners of abutting proper-
ty have been given three (3) days notice by
certified or registered mail of the meeting
of the Development Review Board at which said
Special Permit is to be considered.
(c) The discretionary authority of the Development
Review Board to issue such a Special Permit is
specifically limited to situations where
(i) It will not be contrary to public interest,
and
(ii) It will be in harmony with the spirit and
purposes of this Chapter, and
- 17 -
(iii) It will not adversely affect the public
health, safety or welfare.
(9) Exceptions to Lot Requirements
The area, width, and /or depth requirements herein
shall not prohibit the erection of a single - family
dwelling in District R -1, R -2 or C -1 for any lot of
record on the effective date of this Section, pro-
vided the setback, yard area and off - street parking
requirements set forth herein are met.
(10) Exemptions
Except with respect to the location, construction and
use of buildings and building sites, the development
and use of public utility easements for public utili-
ty purposes is exempt from regulation by this Chapter.
E. ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES
(1) Zoning Districts
For the purpose of this Section, the City is hereby
redivided into four (4) districts as follows:
District R -1
District R -2
District C -1
District C -2
(2) Official Zoning Map
The location and boundaries of the districts herein
established are shown upon the Official Zoning Map,
which is hereby incorporated and made a part of this
Section as though fully set forth herein. It shall be
the duty of the Zoning Administrator to maintain the
Official Zoning Map together with all notations,
references, and other information shown thereon and
all amendments thereto.
(3) District Boundaries
Where uncertainty exists with respect to the bounda-
ries of the various districts as shown on the
district map accompanying and made a part of this
Section, the following rules apply:
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(a) The district boundaries are either street or al-
ley centerlines unless otherwise shown, and where
the districts designated on the map accompanying
and made a part of this Section are bound approx-
imately by street or alley centerlines, the
street or alley centerlines shall be construed to
be the boundary of the district.
(b) Where the district boundaries are not otherwise
indicated, and where the property has been or may
hereafter be divided into blocks and lots, the
district boundaries shall be construed to be the
lot lines; and where the districts designated on
the district map accompanying and made a part of
this Section, are bound approximately by lot
lines, the lot lines shall be construed to be the
boundary of the districts unless the boundaries
are otherwise indicated on the map.
(c) In unsubdivided property, the district boundary
lines on the map accompanying and made a part of
this Section shall be determined by the use of
the scale appearing on the map.
(d) In subdivided property, where a district boundary
line divides property into two (2) parts, the
district boundary line shall be construed to be
the property line nearest the district boundary
line as shown.
(e) Whenever any street, alley or other public way is
vacated by official action of the City Council,
the zoning district adjoining each side of such
street, alley, or public way shall be automatical-
ly extended to the center of such vacation and
all area included in the vacation shall there-
after be subject to all regulations of the ex-
tended districts.
(f) Where the streets or alleys on the ground differ
from the streets or alleys as shown on the Offi-
cial Zoning Map, the streets or alleys on the
ground shall control.
(g) If none of the above apply, the Development Re-
view Board shall determine the location of the
district boundary.
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F. ZONING OF ANNEXED AREAS
(1) Zoning Annexed Areas
All territory hereafter annexed to the City shall be
automatically temporarily classified as District R -1,
pending action by the City Council on original zoning.
(2) Permits in Temporarily Zoned Areas
In an area temporarily classified as District R -1, no
permits for the construction of a building or use of
land other than for uses allowed in said R -1 District
shall be issued by the Building Official.
(3) Procedure Before the Planning and Zoning Commission
(a) The Planning and Zoning Commission shall hold a
public hearing on original zoning for all terri-
tory recently annexed or proposed for annexation.
At least ten (10) days' notice of the time and
place of such hearing shall be published in the
official paper of the City.
(b) After such hearing, the Planning and Zoning Com-
mission shall make its recommendation to the Coun-
cil regarding the original zoning of the annexed
territory.
(4) Procedure Before the City Council
(a) After receiving the recommendation of the Plan-
ning and Zoning Commission, the City Council
shall hold a public hearing at the earliest prac-
ticable time, at which parties in interest and
citizens shall have an opportunity to be heard.
At least fifteen (15) days notice of the time and
place of such hearing shall be published in the
official paper of the City.
(5) General Procedure
G. DISTRICT R -1
(1) Intent
(a) Except as provided in this subsection, the pro-
cedure for the zoning of annexed areas shall be
the same as is provided by law for the adoption
of original zoning regulations.
To establish and preserve areas of low intensity land
use primarily devoted to low density residential
development.
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(2) Permitted Principal Uses
One dwelling unit per lot, community recreational
facilities, and farms.
(3) Conditional Uses
Subject to site plan approval, places of worship,
schools, private recreational amenities, and cluster
housing provided that a) the proposed cluster housing
development tract shall contain at least six (6)
acres and b) the development density shall not exceed
the lesser of eight (8) dwelling units per acre or
twice the density, expressed in dwelling units per
acre, of any recorded residential subdivision lying
within two hundred (200') feet of the proposed clus-
ter housing development tract.
H. DISTRICT R -2
(1) Intent
To establish and preserve areas of low- medium inten-
sity land use primarily devoted to moderate density
residential development.
(2) Permitted Principal Uses
All permitted principal District R -1 uses, two (2)
dwelling units per lot, places of worship, and
schools.
(3) Conditional Uses
Subject to site plan approval, private recreational
amenities, and cluster housing at a density not ex-
ceeding sixteen (16) dwelling units per acre.
I. DISTRICT C -1
(1) Intent
To establish and preserve areas of medium intensity
land use primarily devoted to general commercial and
high density residential development and other non-
industrial activities.
(2) Permitted Principal Uses
All permitted principal District R -2 uses, as many as
four (4) dwelling units per lot, offices, services,
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amusements, governmental, institutional, commercial
and other non - industrial activities which are con-
ducted wholly within an enclosed building or build-
ings.
(3) Conditional Uses
Subject to site plan approval, cluster housing at a
density not exceeding twenty (20) dwelling units per
acre, and otherwise permissible non - industrial activ-
ities which entail either unenclosed operations or
storage.
J. DISTRICT C -2
(1) Intent
To establish and preserve areas of high intensity
land use primarily devoted to light industrial devel-
opment.
(2) Permitted Principal Uses
Light industry with all associated operations and
storage contained within an enclosed building or
buildings, and, excluding dwelling units, all other
non - industrial uses including farms.
(3) Conditional Uses
Subject to site plan approval, light industry which
entails either unenclosed operations or storage, and
heavy industry provided that the external physical
effects thereof are contained within the boundaries
of the respective development site.
K. HEIGHT AND PLACEMENT REQUIREMENTS
Except as otherwise specifically provided in this Chapter,
no building shall be erected or maintained within the
required setbacks listed below, and no building shall be
erected or maintained which exceeds the height limit speci-
fied below. A special side setback shall be provided on
the side of a building lot adjoining a side street or, for
Districts C -1 and C -2, on the side of a building lot
adjoining either District R -1 or R -2. A special rear yard
shall be provided in Districts C -1 and C -2 for building
lots which abut either District R -1 or R -2 to the rear. In
District C -2 except as otherwise provided herein, no struc-
ture shall exceed in height the width of the street on
which it faces plus the depth of the front setback pro-
vided.
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District
Minimum Lot Area
Per Dwelling Unit
Minimum Lot Width At
Front Building Line
Maximum Ground
Coverage Ratio
R -1
R -2
C -1
C -2
7000 sq. ft
3500 sq. ft.
2500 sq. ft.
Not Applicable
50 feet
50 feet
None
None
40%
40%
Not Applicable
Not Applicable
District
Front
Setback
Side Setback
Normal Special
Rear Setback
Normal Special
Height
Limit
R -1
R -2
C -1
C -2
25 feet
25 feet
None
None
5 feet
5 feet
None
None
10 feet
10 feet
20 feet
20 feet
5 feet
5 feet
None
None
Not
Applic.
Not
Applic.
20 feet
20 feet
30 feet
30 feet
60 feet
Variable
L. SCREENING REQUIREMENTS
All District C -1 and C -2 uses established after the
effective date hereof shall be required to install and
maintain an approved visual screen along every property
line which abuts District R -1 and R -2 or an existing
residential use. All screens must reach a minimum height
of six (6') feet. Approved types are listed below:
(1) A solid fence or wall of wood and /or masonry construc-
tion.
(2) A planting screen.
(3) A landscaped earth berm.
(4) Any combination of the above.
M. LAND DENSITY AND INTENSITY REQUIREMENTS
Except as otherwise specifically provided in this Chap-
ter, no development, use or structure shall exceed the
density and intensity limits listed below.
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N. SITE PLAN APPROVAL
(1) Existing Uses
Any existing land use which was authorized prior to
the adoption of the site plan review process, which
now requires site plan approval, shall be considered
as having been issued the required special permit.
(2) Review Procedure
A building permit for any conditional use will be
issued only after approval of a site plan and the
issuance of a special permit by the Development Re-
view Board. The Board shall hold a public hearing on
any proposed site plan as soon as practicable after
the filing of same. Notice of all public hearings
shall be given by publishing the same in the official
newspaper of the City at least ten (10) days prior to
the date set for the hearing. At such hearing, the
party requesting the special permit shall appear in
person or by agent or by attorney. After such hearing
the Board shall review the site plan, and within
thirty (30) days, act upon said plan as submitted or
as modified. If the Board is satisfied that the site
plan meets all applicable review criteria as here-
after set forth, it shall approve the site plan and
shall authorize the issuance of the requested special
permit. If approval is conditioned, such conditions
of approval shall be clearly stated. If disapproved,
the reasons for disapproval shall be clearly stated.
The Board shall note its actions, conditions, and /or
reasons for disapproval, if any, on three (3) copies,
one (1) shall be returned to the owner or developer,
one (1) shall be furnished the Building Official, and
one (1) shall be retained by the Development Review
Board.
(3) Review Criteria
In its review of any site plan, the
satisfied that the proposed plan:
(a) Conforms to the land -use policies
Plan,
(b) Can be served by the City's water
treatment systems,
- 24 -
Board shall be
of the General
and wastewater
(c) Can be served by other public utility systems,
(d) Limits the rate of storm water runoff to insure
that no greater runoff is allowed than that of
the site in its existing condition and that to
the extent practicable, existing points of dis-
charge shall continue to be utilized,
(e) Effectuates the extension of any collector street
or streets expressly required by the General Plan.
(f) Minimizes the number of access points onto adja-
cent or internal collector streets or major thor-
oughfares and minimizes the number of driveways
onto internal public streets, and that such drive-
ways are placed so as to mitigate potential traf-
fic hazards and /or conflicts with nearby lower -
intensity land uses.
(g) Establishes, for cluster housing developments, a
vehicular internal circulation system which pro-
vides a primary means of access and which is de-
signed and constructed according to the following
standards:
(i) Configuration such that no portion of any
building lies further than five hundred (500)
feet therefrom; and
(ii) Construction and designation as either:
(aa) A public residential street; or
(bb) A private drive designed and constructed
in accordance with the "Street Design
Criteria Soils Investigation and Pave-
ment Design" requirements for a residen-
tial street contained in Ordinance No.
641, provided that any such private
drive shall have:
(i -i) A sign at the entrance designating
a "private drive " and
(i -ii) A uniform paving width of thirty
(30) feet; or
(i -iii) A narrower uniform paving width of
not less than twenty -two (22') feet
subject to the provision of 0.3 ad-
ditional paved parking spaces per
dwelling unit.
- 25 -
(h) Establishes an effective screening from abutting
lower- intensity land uses.
(i) Confers additional street right of way by dedi-
cation provided that the respective abutting
street is expressly identified to be upgraded in
the General Plan.
(j) Demonstrates a conscientious effort to preserve
the natural features of the development site in-
cluding, but not limited to, land forms, trees,
and shrubs.
(k) Demonstrates that buildings and activities will
be located in relation to one another in such a
manner as to insure adequate fire protection.
(1) Provides for, with respect to cluster housing
development, a property owners association, or
similar entity, which shall have the responsibil-
ity and enforceable right to assess and collect
fees for the maintenance, improvement and opera-
tion of facilities, buildings and grounds held in
common ownership.
(m) Specifies and depicts the number of proposed
dwelling units within the proposed development,
which number shall not exceed the authorized den-
sity of the respective zoning district.
(n) Specifies and depicts, where applicable, a pro-
posed means of satisfying the recommended recre-
ational standards as stated in Chapter 8. of this
Code.
(o) Demonstrates that buildings and activities will
be located in relation to one another in such a
manner as to insure adequate penetration of light
and air, and setback from the vehicular circula-
tion system. Provided that this broad standard is
met, any other zoning district lot or setback
requirement may be waived through site plan ap-
proval.
(p) Includes a definable system for accommodating in-
ternal non - motorized travel.
(4) Required Form of and Information on Site Plan
Every site plan shall be submitted in twelve (12)
identical copies on one or more sheets of paper
measuring not more than twenty -four (24) inches by
- 26 -
thirty -six (36) inches, drawn to a scale not smaller
than forty (40) feet to the inch, certified by a
registered land surveyor and professional engineer,
which shall show the following:
(a) The boundary lines of the area included in the
site plan including angles, dimensions, and refer-
ence to an original survey corner, an arrow
pointing north, and the lot area of the land
included in the site plan.
(b) Existing and proposed grades and drainage systems
and structures with topographic contours at inter-
vals not exceeding two (2) feet.
(c) The shape, size, location, height and floor area
of all buildings, the floor area and ground cover-
age ratios, and the finished ground and basement
floor grades.
(d) Natural features such as woodlots, streams and
lakes or ponds, and man -made features such as
existing roads and structures, with indication as
to which are to be retained and which removed or
altered. Adjacent properties and other properties
within two hundred (200) feet and their uses
shall be identified.
(e) Proposed streets, private drives, driveways, park-
ing spaces, loading spaces and sidewalks with
indication of direction of travel for one way
streets and drives and inside radii of all
curves. The width of streets, driveways and side-
walks and the total number of parking spaces
shall be shown.
(f) The size and location of all existing and pro-
posed public and private utilities, required
screening, and all facilities related to the ac-
cumulation and disposal of garbage and trash.
(g) A vicinity sketch showing the location of the
site in relation to the surrounding street system.
(h) A legal description of the land included in the
site plan and of the lot; the name, address and
telephone number of the owner, developer and de-
signer.
(i) Any other information necessary to establish com-
pliance with this and other ordinances.
- 27 -
(5) Required Listing of Adjacent Property Owners
Every site plan shall be accompanied by a listing of
all adjacent property owners and other property
owners within two hundred (200') feet of the property
proposed to be developed, with their respective cur-
rent addresses.
(6) Applicant to Notify Affected Property Owners
The respective applicant shall mail or cause to be
mailed a notice, by registered or certified mail, to
each property owner named as required by Paragraph
(4) hereof, which notice shall state in effect that a
development proposal is pending before the Develop-
ment Review Board and shall include the date, time
and place of the Development Review Board meeting.
The said applicant shall additionally submit to the
Zoning Administrator the respective receipts for cer-
tified or registered mail, as may be the case.
(7) Required Development Design Statement
Every site plan shall be accompanied by a Development
Design Statement which shall be a written report
stating the nature of the proposed use and the means
by which each of the Review Criteria will be satis-
fied by the respective development design. In addi-
tion, the Design Statement shall describe the pro-
posed sequence of development.
0. OFF- STREET PARKING AND LOADING SPACE REQUIREMENTS
(1) Off - street Parking Requirements
(a) When any building or structure is erected, or an
existing building is enlarged by fifty (50 %) per-
cent or more in floor area, off - street parking
spaces shall be provided in accordance with the
following requirement:
Bowling alley: Five (5) parking spaces for each
alley.
Business or professional office, studio, bank,
medical or dental clinic or similar use: Three
(3) parking spaces, plus one (1) additional park-
ing space for each two hundred (200) square feet
of floor area over five hundred (500) square feet.
Church or other place of worship: One (1) parking
space for each four (4) seats in the main audito-
rium.
- 28 -
Community center, library, museum, or art gal-
lery: Ten (10) parking spaces, plus one (1) addi-
tional space for each three hundred (300) square
feet of floor area in excess of two thousand
(2,000) square feet. If an auditorium is included
as a part of the building, its floor area shall
be deducted from the total and additional parking
provided on the basis of one (1) space for each
four (4) seats that it contains.
Dance hall, assembly or exhibition hall without
fixed seats: One (1) parking space for each one
hundred (100) square feet of floor area.
Dwellings: One (1) parking space for each single -
family dwelling. For cluster housing development
and more than two (2) dwelling units per lot. One
and one -half (1 1/2) parkings spaces for each
dwelling unit or one (1) parking space for each
bedroom, whichever is greater.
Fraternity house, sorority house, or dormitory:
One (1) parking space for each two (2) beds.
Furniture or appliance store, hardware store,
wholesale establishments, machinery or equipment
sales and service, clothing or shoe repair or
service shop, or similar use: Two (2) parking
spaces, plus one (1) additional parking space for
each three hundred (300) square feet of floor
area over one thousand (1,000).
Golf course: Three (3) parking spaces for each
hole.
Hospital: Ten (10) parking spaces, plus one (1)
additional parking space for each four (4) beds.
Hotel: One (1) parking space for each sleeping
room or suite, plus one (1) space for each two
hundred (200) square feet of commercial floor
area contained therein, including, but not
limited to, restaurants, newsstands, and cigar
stores.
Manufacturing or industrial establishment, re-
search or testing laboratory, creamery, bottling
plant, warehouse, printing or plumbing shop, or
similar establishment: One (1) parking space for
each two (2) employees on the maximum working
shift plus spaces to accommodate all trucks and
other vehicles used in connection therewith, but
not less than one (1) parking space for each six
hundred (600) square feet of floor area.
- 29
Mortuary or funeral home: One (1) parking space
for each fifty (50) square feet of floor space in
slumber rooms, parlors or individual funeral ser-
vice rooms plus one (1) space for each four (4)
seats in chapels and auditoriums.
Motor vehicle salesrooms and used car lots: One
(1) parking space for each eight hundred (800)
square feet of sales floor or lot area, whichever
is greater.
Private club, lodge or country club: One (1)
parking space for each one hundred -fifty (150)
square feet of floor area or for every five (5)
members, whichever is greater.
Retail store or personal service establishment,
except as otherwise specified herein: One (1)
parking space for each two hundred (200) square
feet of floor area.
Restaurant, night club, cafe or similar recrea-
tion or amusement establishment: One (1) parking
space for each two (2) seats or one (1) parking
space for each one hundred (100) square feet of
floor area, whichever is greater.
Rooming or boarding house: One (1) parking space
for each two (2) sleeping rooms.
Sanitarium, convalescent home, home for the aged
or similar institution: One (1) parking space for
each six (6) beds.
School, elementary: One (1) parking space for
each four (4) seats in the auditorium or main
assembly room, or two (2) spaces for each class-
room, whichever is greater.
School, secondary or college: One (1) parking
space for each four (4) seats in the main audi-
torium or ten (10) spaces for each classroom,
whichever is greater.
Theater, auditorium (except school), sports
arena, stadium, or gymnasium: One (1) parking
space for each four (4) seats of bench seating
spaces.
- 30 -
Tourist home, cabin or motel: One (1) parking
space for each sleeping room or suite plus one
(1) space for each two hundred (200) square feet
of commercial floor area contained therein, in-
cluding, but not limited to, restaurants, news-
stands and cigar stores.
(b) The following rules shall be applied in computing
the number of off - street parking spaces required
for each of the above uses:
(i) Floor area shall mean the gross floor area of
the specific use.
(ii) Fractional spaces shall be rounded to the
next higher whole space.
(iii) Buildings or structures containing mixed uses
shall provide off - street parking space equal
to the sum of the various uses computed
separately.
(iv) The off - street parking requirements for a use
not specifically listed herein shall be the
same as required for a use of a similar
nature as determined by the Zoning Administra-
tor.
(c) All required off - street parking spaces shall be
located on the same lot as the building or use
served, except as follows:
(i) When an increase in the number of off - street
parking spaces is required by a change or
enlargement of use, or where off- street
parking spaces are provided collectively or
used jointly by two (2) or more buildings or
establishments, the required off- street
parking spaces may be located at a distance
not to exceed three hundred (300) feet from
an institutional building served or five
hundred (500) feet from any other non -resi-
dential building served; provided, however,
that a written agreement thereto is properly
executed, filed and approved by the Develop-
ment Review Board as provided below. Dis-
tances shall be measured along a public
street or alley.
(ii) Not more than fifty (50 %) percent of the
off - street parking spaces required for
theaters, bowling alleys, dance halls, night
- 31 -
clubs, restaurants, or similar uses may be
provided and used jointly by uses not normal-
ly open, used or operated during the same
hours as those listed; provided, however,
that a written agreement thereto is properly
executed and filed as provided below.
(iii) Not more than eighty (80 %) percent of the
off - street parking spaces required for a
church, school auditorium, or similar use may
be provided and used jointly by uses not
normally open, used or operated during the
same hours as those listed; provided, how-
ever, that a written agreement thereto is
properly executed, filed and approved as pro-
vided below.
(iv) When the required off - street parking spaces
are not located on the same lot with the
building or use served, or when the required
off - street parking spaces are provided col-
lectively or used jointly by two (2) or more
establishments, a written agreement which
assures the retention of such spaces for this
purpose shall be drawn and executed by the
parties concerned, approved as to form by the
City Attorney, and filed with the application
for a building permit or certificate of occu-
pancy if a change in use is involved. Such
agreement then shall be submitted to the
Development Review Board who shall, after a
hearing thereon, approve or deny such off -
site parking.
(d) A parking space shall contain a minimum of two
hundred (200) square feet and shall be approxi-
mately ten (10) feet in width and twenty (20)
feet in depth. All parking spaces, parking or
maneuvering aisles and driveways shall be paved.
(2) Off - street Loading Requirements
(a) Any use that receives or distributes materials or
merchandise by vehicle shall provide, when re-
quired by use district regulations, off - street
loading space in accordance with the following
requirements:
(i) District C -1: Business uses: One (1) loading
space for each five thousand (5,000) square
feet of floor area for the first fifteen
thousand (15,000) square feet of floor area.
- 32 -
(ii) District C -2: Industrial uses: One (1) load-
ing space for each ten thousand (10,000)
square feet of floor area.
(b) The following rules shall be applied in computing
the number of off- street loading spaces required:
(ii) Fractional spaces shall be rounded to the
next higher whole space.
(iii) Whenever a building or use, existing on the
effective date of this Section, is enlarged
by more than fifty (50%) percent in floor
area or area used, the entire building or use
shall then and thereafter comply with the
off - street loading requirements.
(c) The required off - street loading spaces shall be
located on the same lot as the building or use
served.
(d) A loading space shall contain a minimum of four
hundred twenty (420) feet and shall be approxi-
mately twelve (12) feet in width and thirty -five
(35) feet in depth. All loading spaces, maneuver-
ing aisles and driveways shall be paved.
P. SIGNS
(1) Home Occupations
(i) Floor area shall mean the gross floor area of
the use.
Customary home occupations shall be permitted one (1)
sign each, provided that such sign shall be attached
flatwise to the house and shall not exceed two (2)
square feet in surface area.
(2) Construction Phase
During construction of a building, one (1) unillumi-
nated sign advertising contractors or architects work-
ing on such premises shall be permitted, provided
that such sign shall not be more than nine (9) square
feet in area and shall be set back on the front
property line. Such sign shall be removed immediately
upon the occupancy of the building.
(3) Residential Uses
Residential uses, excluding single- family and two -
family dwellings, shall be permitted the following
signs:
- 33 -
(a) One (1) sign each of not more than twenty (20)
square feet in area, provided that such sign
shall not be placed within ten (10) feet of the
front property line and shall not exceed fifteen
(15) feet in height, and
(b) Sign(s) designating private drives for cluster
housing as required by Sec. N.(3)(ii)(bb)(i -ii)
herein.
(4) Non - residential Uses
(a) Non - residential uses shall be permitted one (1)
sign each of not more than forty (40) square feet
in area, provided that such sign shall not be
placed within any required yard nor within ten
(10) feet of the front property line and shall
not exceed twenty (20) feet in height; such sign
shall be placed in such a manner as to allow not
less than nine (9) feet of ground clearance, and
any such freestanding sign shall be circumscribed
by a raised curb having a radius of not less than
five (5) feet in any case where otherwise such
sign would constitute a hazard to vehicular move-
ment.
(b) Non- residential uses which abut the Interstate
Highway 35 right -of -way shall each be permitted,
in lieu of any other authorized sign or signs,
one (1) sign of not more than three hundred
twenty (320) square feet, provided that such sign
shall not be placed within any required yard nor
within twenty -five (25) feet of the front proper-
ty line nor within two hundred (200) feet of an
existing similar such sign nor within one hundred
(100) feet of District R -1, and provided further
that such sign shall not exceed thirty (30) feet
in height.
(5) Tenant Signs
Two (2) or more businesses which share a single
building shall be required to share a single tenant
sign in lieu of establishing respective individual
signs, provided that the sign area allotted to any
one (1) tenant shall not be greater than forty (40)
square feet and the total sign area shall not be
greater than one hundred (100) square feet, and pro-
vided that such sign shall not be placed within any
required yard nor within ten (10) feet of the front
property line and shall not exceed twenty (20) feet
in height; such sign shall be placed in such a manner
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as to allow not less than nine (9) feet of ground
clearance, and any such free - standing sign shall be
circumscribed by a raised curb having a radius of not
less than five (5) feet where otherwise such sign
would constitute a hazard to vehicular movement.
(6) Commercial or Industrial Center
(a) Any commercial or industrial center which con-
sists of not less than three (3) acres of land
shall each be permitted, in lieu of any other
authorized sign or signs, a minimum of one (1)
sign of not more than two hundred (200) square
feet, provided that such sign shall not be placed
within any required yard nor within twenty -five
(25) feet of the front property line nor within
two hundred (200) feet of an existing similar
sign, nor within one hundred (100) feet of Dis-
trict R -1, and provided further that such sign
shall not exceed thirty (30) feet in width and
shall not exceed twenty (20) feet in height ex-
cept that additional sign height may be allocated
up to a maximum of thirty (30) feet on the basis
of one (1) additional foot of sign height for
each two (2) additional feet of setback from the
front property line above the minimum requirement.
(b) Additional signs as provided for in Paragraph (a)
above shall be permitted to each eligible commer-
cial or industrial center on the basis of one (1)
additional sign for each additional four (4)
acres of land above the minimum acreage require-
ment up to a maximum of four (4) such signs.
(7) Subdivision Marketing
(a) For the purpose of marketing a recorded subdivi-
sion, one (1) on- premises sign of not more than
three hundred twenty (320) square feet for each
road abutting the respective subdivision shall be
permitted, provided that such sign shall not be
placed within any required yard nor within
twenty -five (25) feet of any property line
abutting a street or road right -of -way, and fur-
ther provided that such sign shall not exceed
thirty (30) feet in height.
(b) For the purpose of marketing a recorded subdivi-
sion, one (1) off- premises sign of not more than
two hundred (200) square feet may be permitted
for each such recorded subdivision, provided that
such sign shall not be placed within twenty -five
(25) feet of any property line and shall not
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exceed thirty (30) feet in height, and provided
further that the permit required for such sign
shall expire, unless renewed, two (2) years after
the date of issuance of such permit, and provided
that each request for such permit shall be accom-
panied by a license and permit bond posted by the
respective sign hanger in the amount of Three
Hundred ($300.00) Dollars for the purpose of in-
suring the proper location, maintenance and re-
moval of the respective off - premises subdivision
marketing sign requested.
(Ordinance No. 476 of June 22, 1978)
Q. NON- CONFORMING BUILDINGS AND USES
(1) Continuance of Non - Conforming Uses
The lawful use of any building, structure or land
existing on the effective date of this Section may be
continued, although such use does not conform with
the provisions of this Section; provided, however,
the right to continue such non - conforming use shall
be subject to the following regulations:
(a) Normal repairs and maintenance may be made to a
non - conforming building or structure; provided
that no structural alterations shall be made ex-
cept those required by law or ordinance or those
necessary for installing or enclosing required
sanitary facilities, such as toilets and bath-
rooms.
(b) Unless otherwise provided, a non- conforming build-
ing or structure shall not be added to or en-
larged in any manner unless such additions and
enlargements of the district in which such build-
ing or structure is located.
(c) A non - conforming building or structure shall not
be moved in whole or in part unless every portion
of such building or structure is made to conform
to all regulations of the district in which it is
to be located.
(d) If a non - conforming building or structure is
damaged or destroyed to an extent of less than
sixty (60 %) percent of its fair market value by
fire, explosion, act of God, or the public enemy,
then restoration or new construction shall be
permitted. If destruction is greater than sixty
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(60 %) percent of its fair market value, such
building or structure and its use, if repaired or
replaced, shall conform to all regulations of the
district in which it is located, and it shall be
treated as a new building.
(e) A vacant, non - conforming building or structure
lawfully constructed before the date of enactment
of this Section may be occupied by a use for
which the building or structure was designed or
intended, if so occupied within a period of nine-
ty (90) days after the effective date of this
Section. The use of a non - conforming building or
structure lawfully constructed before the date of
enactment of this Section which becomes vacant
after the effective date of this Section, may be
reoccupied by the use for which the building or
structure was designed or intended, if so
occupied within a period of ninety (90) days
after the building or structure becomes vacant.
All such buildings, after ninety (90) days of
vacancy, shall be converted to a conforming use.
(2) Other Conditions for Continuance of Non - Conforming
Uses
The non - conforming use of a building or structure may
be continued as hereinafter provided:
(a) The non - conforming use of a building or structure
may not be changed to a use which does not
conform to the requirements of the district in
which it is situated.
(b) A non - conforming use of a conforming building or
structure shall not be extended or expanded into
any other portion of such conforming building or
structure, nor changed except to a conforming
use. If such non - conforming use or portion there-
of is voluntarily discontinued or changed to a
conforming use, any future use of such building,
structure or portion thereof shall conform to the
regulations of the district in which such build-
ing or structure is located.
(3) Non - Conforming Use of Land
The non - conforming use of land existing at the time
of the effective date of this Section may continue as
hereinafter provided:
(a) A non - conforming use of land shall not be ex-
panded, extended, or changed to some other use
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not in compliance with the regulations of the
district in which the land is situated.
(b) If a non - conforming use of land or any portion
thereof, is voluntarily discontinued for a period
of ninety (90) days, any future use of such land
or portion thereof shall be in conformity with
the regulations of the district in which such
land or portion thereof is located.
(c) Any sign, billboard or poster panel which law-
fully existed and was maintained at the time of
the effective date of this Section, may be con-
tinued, although such use does not conform with
the provisions of this Section; provided, how-
ever, that no structural alterations are made
thereto.
(4) Abandonment
The non - conforming use of a building, structure, or
land which has been abandoned, shall not thereafter
be returned to such non - conforming use. A non-
conforming use shall be considered abandoned when:
(a) The intent of the owner to discontinue the use is
apparent; or
(b) The characteristic equipment and furnishings of
the non - conforming use have been removed from the
premises and have not been replaced by similar
equipment within ninety (90) days; or
(c) A non - conforming building, structure, or land, or
portion thereof, which is, or hereafter, becomes
vacant and remains unoccupied for a period of
ninety (90) days; or
(d) A non - conforming use has been replaced by a con-
forming use.
(5) Change in District Boundaries
Whenever the boundaries of a zoning district shall be
changed so as to transfer an area from one (1)
district to another district, or when the boundaries
of districts are changed as the result of annexation
of new territory, or changed in the regulations or
restrictions of this Section, the foregoing provi-
sions relating to non - conforming uses shall also
apply to any uses existing therein which may become
non - conforming.
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R. ADMINISTRATION
(1) Enforcement
This Chapter shall be enforced by the Zoning Admin-
istrator. No oversight or dereliction on the part of
the Zoning Administrator or on the part of any
official or employee of the City or county shall
legalize, authorize or excuse the violation of any
of the provisions of this Chapter.
(2) Interpretation
In interpreting and applying the provisions of this
Chapter, they shall be held to be the minimum re-
quirements for the promotion of the public safety,
health, convenience, comfort, morals, prosperity and
general welfare. It is not intended by this Chapter
to interfere with or abrogate or annul any ease-
ments, covenants, or other agreements between
parties, except that if this Chapter imposes a
greater restriction, this Chapter shall control.
S. DEVELOPMENT REVIEW BOARD
In accordance with State Law as provided in Articles 1175
and 1011g., V.T.C.S., a Development Review Board is hereby
created and established. The said Development Review Board
shall, in fact, be and shall have all of the powers of the
Board of Adjustment as provided in State Law and as
enumerated hereafter. The said Development Review Board
shall also, in fact, be and shall have all of the powers
of the Board of Adjustments and Appeals as provided in the
applicable edition of the Standard Building Code.
In relation to the Zoning Ordinance the Development Review
Board may, in appropriate cases and subject to appropriate
conditions and safeguards, make special exceptions to the
terms of this Chapter in harmony with its general purpose
rules herein contained.
(1) Membership; Term of Appointment
The Development Review Board shall consist of five
(5) regular members and two (2) alternate members,
each appointed for a term of two (2) years and
removable for cause by the City Council upon written
charges and after public hearing; vacancies shall be
filled for the unexpired term of any regular member
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or alternate member whose term becomes vacant. The
City Council shall ensure for the regular membership
of the Development Review Board that the following
composition is achieved in the initial appointments
and in subsequent appointments: Planning and Zoning
Commission Chairman, Planning and Zoning Commission
Secretary, registered Professional Engineer, licensed
Architect, and one member at large from the building
industry. All cases to be heard by the Development
Review Board will always be heard by a minimum number
of four (4) members.
(2) Initial Terms
Three (3) of the initial five (5) members and one (1)
of the alternates shall be appointed for an initial
term of two (2) years, and two (2) of the initial
Board and one (1) alternate shall be appointed for an
initial term of one (1) year. Thereafter, all terms
shall be for a period of two (2) years.
(3) Rules of Procedure
The Development Review Board shall meet and organize
as soon as practicable and shall elect one (1) of its
members as Chairman, one (1) as Vice - Chairman, and
one (1) as Secretary. The Board shall adopt rules
necessary for its government and procedures not incon-
sistent with the provisions of this Section. Meetings
of the Board shall be held at the call of the
Chairman and at such other times as the Board may
determine. Such Chairman, or in his absence, the
acting Chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the Board
shall be open to the public. The Board shall keep
minutes of its proceedings, showing the vote of each
member upon each question, or, if absent or failing
to vote, indicating such fact, and shall keep records
of its examinations and other official actions, all
of which shall be immediately filed in the office of
the Board and shall be a public record.
(4) Appeal
Appeals to the Development Review Board may be taken
by any person aggrieved or by any officer, depart-
ment, board or bureau of the City affected by any
decision of the Zoning Administrator. Such appeal
shall be taken within a reasonable time, as provided
by the rules of the Board, by filing with the Zoning
- 40 -
Administrator and with the Development Review Board a
notice of appeal specifying the grounds thereof. The
Zoning Administrator shall forthwith transmit to the
Board all the papers constituting the record upon
which the action appealed from was taken.
(5) Appeals to Stay All Proceedings
An appeal stays all proceedings in furtherance of the
action appealed from, unless the Zoning Administrator
certifies to the Development Review Board after the
notice of appeal shall have been filed with him that
by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life
or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order which
may be granted by the Development Review Board or by
a court of record on application or notice to the
Zoning Administrator and on due cause shown.
(Ordinance of October 2, 1969)
(6) Development Review Board to Hear Appeals
The Development Review Board shall fix a reasonable
time for the hearing of the appeal, give public
notice thereof, as well as due notice to the parties
in interest, and decide the same within a reasonable
time. Upon the hearing each party shall appear in
person or by agent or by attorney.
(Ordinance No. 600 of February 8, 1979)
(7) Powers of Board
The Development Review Board shall have the following
powers:
(a) To hear and decide appeals where it is alleged
there is error in any order, requirement, deci-
sion, or determination made by the Zoning Admin-
istrator in the enforcement of this Section.
(b) To hear and decide special exceptions to the
terms of this Section upon which the Board is
required to pass.
(c) To authorize, upon appeal in specific cases, such
variance from the terms of this Section as will
not be contrary to the public interest, where,
owing to special conditions, a literal enforce-
ment of the provisions of this Section will
- 41 -
result in unnecessary hardship, and so that the
spirit of this Section shall be observed and
substantial justice done.
(8) Board May Reverse Any Order
In exercising the above mentioned powers, the Board
may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determina-
tion appealed from and may make such order, require-
ment, decision or determination as ought to be made,
and to that end shall have all the powers of the
Zoning Administrator from whose action the appeal is
taken.
(9) Votes Necessary to Reverse Decision of Zoning Admin-
istrator
The concurring vote of four (4) members of the Board
shall be necessary to reverse any order, requirement,
decision or determination of the Zoning Administra-
tor, or to decide in favor of the applicant on any
matter upon which it is required to pass under this
Section, or to effect any variation in this Section.
(10) Order of Board Valid for Six Months
No order of the Development Review Board permitting
the erection or alteration of a building shall be
valid for a period longer than six (6) months, unless
a building permit for such erection or alteration is
obtained within such period and such erection or
alteration is started and proceeds to completion in
accordance with the terms of such permit.
(11) When Order Shall Continue Longer Than Six Months
No order of the Development Review Board permitting a
use of a building or premises shall be valid for a
period longer than six (6) months, unless such use is
established within such period; provided however,
that where such use permitted is dependent upon the
erection or alteration of a building, such order
shall continue in force and effect if a building
permit for said erection or alteration is obtained
within such period and such erection or alteration is
started and proceeds to completion in accordance with
the terms of such permit.
(12) Jurisdiction of the Development Review Board
In specific cases the Development Review Board may
authorize by permit a variation of the application of
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the minimum yard and area standards herein estab-
lished in harmony with their general purpose and
intent; provided however, that the Board shall have
no power to grant a variation of the use of buildings
and land.
(13) Appeals From Action of the Development Review Board
Any person or persons, jointly or severally,
aggrieved by any decision of the Board, or any tax-
payer, or any officer, department, board, or bureau
of the Municipality, may present to a court of record
a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying
the grounds of the illegality. Such petition shall be
presented to the court within ten (10) days after the
filing of the decision in the office of the Board.
(14) Court May Allow Writ
Upon presentation of such petition the court may
allow a writ of certiorari directed to the Develop-
ment Review Board to review such decision of the
Development Review Board and shall prescribe therein
the time within which a return thereto must be made
and served upon the realtor's attorney, which shall
not be less than ten (10) days and may be extended by
the court. The allowance of the writ shall not stay
proceedings upon the decision appealed from, but the
court may, on application, on notice to the Board and
on due cause shown, grant a restraining order.
(15) Board to Furnish Facts to Court
The Development Review Board shall not be required to
return the original papers acted upon by it, but it
shall be sufficient to return certified or sworn
copies thereof or of such portions thereof as may be
called for by such writ. The return shall concisely
set forth such other facts as may be pertinent and
material to show the grounds of the decision appealed
from and shall be verified.
(16) Court to Take Testimony
If, upon the hearing, it shall appear to the court
that testimony is necessary for the proper disposi-
tion of the matter, it may take evidence or appoint a
referee to take such evidence as it may direct and
report the same to the court with his findings of
fact and conclusions of law, which shall constitute a
part of the proceedings upon which the determination
- 43 -
of the court shall be made. The court may reverse or
affirm wholly or partly, or may modify the decision
brought up for review.
(17) Costs Not to be Allowed Against Board
Costs shall not be allowed against the Board unless
it shall appear to the court that it acted with gross
negligence, or in bad faith, or with malice in making
the decision appealed from.
T. VIOLATION AND PENALTIES
(1) Violation and Penalties
The owner of a building or premises in or upon which
a violation of any provision of this Section has been
committed or shall exist, or the lessee or tenant of
an entire building or entire premises in or upon
which a violation has been committed or shall exist,
or the agent, architect, building contractor, or any
other person, firm or corporation who commits, takes
part or assists in any violation, or who maintains
any building or premises in or upon which such viola-
tion exists, shall be guilty of a misdemeanor and
upon conviction, shall be punished as per the provi-
sions of Chapter 1, Section 5 of this Code.
(2) Other Remedies
In case any building or structure is erected, con-
structed, reconstructed, altered, repaired, converted,
or maintained, or any building, structure, or land is
used in violation of this Section, the appropriate
authorities of the City, in addition to other
remedies, may institute appropriate action or pro-
ceeding to prevent such unlawful erection, construc-
tion, reconstruction, alteration, conversion, main-
tenance, or use to correct or abate such violation, or
to prevent the occupancy of such building, structure,
or land.
(Ordinance of October 2, 1969)
U. CHANGES AND AMENDMENTS
(1) City Council May Amend Regulations
The City Council may, from time to time, on its own
motion or on a proper application or petition amend,
- 44 -
supplement, change, modify, or repeal the regula-
tions, restrictions, and boundaries herein estab-
lished.
(a) Any person, firm, or corporation petitioning the
City Council for a change in the regulations or
the Zoning District Map, shall do so upon forms
provided for such purposes by the office of the
City Secretary. All petitions or applications for
changes in the regulations or Zoning District Map
shall be filed with the office of the City Secre-
tary.
(b) Each such application shall be accompanied by (i)
plats [one (1) reproducible and three (3) copies]
and the plans necessary to show the detail of the
proposed change requested as well as the relation
of said property to that of all property lying
within two hundred (200) feet thereof and (ii)
the street address and suitable legal description
of the property proposed to be changed.
(c) Each application shall be accompanied, at the
time of filing, by a fee of Twenty -Five ($25.00)
Dollars.
(Ordinance No. 430 of March 11, 1976)
(2) Procedure Before the Planning and Zoning Commission
(a) The Planning and Zoning Commission shall hold a
public hearing on all proposed changes in zoning
regulations or district boundaries, and written
notice of all such public hearings shall be sent
to all owners of real property lying within two
hundred (200) feet of the property on which the
change in zoning regulations or district boun-
daries is proposed. Such notice shall be given,
not less than ten (10) days before the day set
for hearing, to all such owners who have rendered
their said property for City taxes as the owner-
ship appears on the last approved City tax roll.
Such notice may be served by depositing the same,
properly addressed and postage paid, in a United
States Post Office. Where property lying within
two hundred (200) feet of the property proposed
to be changed is located in territory which was
annexed to the City after the final date for
making renditions which are included on the last
approved City tax roll, notice to such owners
shall be given by publishing the same in a news-
paper of general circulation in the City of Round
- 45 -
Rock, at least ten (10) days prior to the date
set for hearing, and which shall state the time
and place of such hearing.
(Ordinance of October 2, 1969)
(b) Upon such hearing, the party requesting a change
in zoning shall appear in person or by agent or
by attorney.
(Ordinance No. 600 of February 8, 1979)
(c) After such hearing, the Planning and Zoning Com-
mission shall make its recommendation regarding
the change in zoning regulations or district
boundaries.
(d) Each such recommendation made by the Planning and
Zoning Commission shall be reported to the City
Council, in writing, and the applicant shall be
notified of the action of the Planning and Zoning
Commission.
(e) The Planning and Zoning Commission shall estab-
lish and maintain a separate file for each ap-
plication received, and shall record the names
and addresses of all persons, firms, and corpora-
tions to whom notices were mailed, including the
date of mailing and the persons by whom notices
were delivered to the United States Post Office.
All records and files herein provided shall be
permanent and official files of the City of Round
Rock.
(3) Procedure Before the City Council
(a) After receiving the recommendation of the Plan-
ning and Zoning Commission, the City Council
shall hold a public hearing, concerning the same,
at the earliest practicable time, at which
parties in interest and citizens shall have an
opportunity to be heard. At least fifteen (15)
days' notice of the time and place of such hear-
ing shall be published in a newspaper of general
circulation in the City of Round Rock.
(b) When the Planning and Zoning Commission has recom-
mended a change in zoning regulations or district
boundaries, the City Council shall be at liberty
to either accept, reject or take other action
provided such action is consistent with the pub-
lic notice and the provisions of this Section.
(Ordinance of October 2, 1969)
- 46 -
(c) If the Planning and Zoning Commission has recom-
mended against a proposed amendment, supplement,
change or modification, or if a written protest
against such change, signed by the owners of
twenty (20 %) percent or more, either of the area
of the lots or land included in such proposed
change, or of the lots or land immediately
adjoining the same and extending two hundred
(200) feet therefrom, such amendment shall not
become effective except by the favorable vote of
three - fourths (3/4) of all members of the City
Council.
(Ordinance No. 600 of February 8, 1979)
(d) If the City Council has refused to grant a pro-
posed amendment, supplement, change or modifica-
tion in the boundaries of any zoning district;
such amendment, supplement, change or modifica-
tion in the boundaries of such zoning district
shall not be submitted again prior to the expira-
tion of twelve (12) months from the date of the
order or decision of the City Council against
such zone change.
(Ordinance of October 2, 1969)
III.
That Ordinance No. 493 is amended so that where it now
states "'R -2' Multi- Family Residential District" it shall
hereafter state "District C -1."
IV.
That Ordinance No. 606 is amended so that where it now
states "'R -2' Multi- Family Residential District" it shall
hereafter state "District C -1."
V.
The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
- 47 -
r7 Td
READ and APPROVED on first reading this the / day
READ, APPROVED
�Q 7H
` day of 4 � _
ATTEST:
, 1981.
JOfNNE LAND, City Secretary
and ADOPTED on second reading this the
, 1981.
L Y L. TONN, Mdyor
City of Round Rock, Texas
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